The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on November 15, 2004 was called to order by Mayor John Bishop at 7:08 P.M.
PRESENT: John W. Bishop, Jr., Mayor
John F. Hagmann, Trustee
Timothy A. Lane, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
John T. Stangle, Jr., Exec. Asst. to Mayor
ABSENT: Robert J. Schanz, Trustee
Also attending: Bill Garvey, Jr., Dianne MacFarland, Al Wright and Jim Long
Resident Bill Garvey voiced concerns to the Board about reforms needed at the state level and objections to the report that the County was going to eliminate funding for a non-profit organization.
A motion was made by Trustee Lane, seconded by Trustee Hagmann, to accept the minutes of the November 1,2004 meeting.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
A motion was made by Trustee Lane, seconded by Trustee Hagmann, to approve payment for the following:
WARRANT # 12
GENERAL totaling $ 51,458.40
WATER totaling 10,352.64
SEWER totaling 2,979.50
GENERAL PAYROLL #12 totaling $55,333.10
WATER PAYROLL #12 totaling 1,730.43
TOTAL $68,168.36
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
After a discussion, Trustee Hagmann offered, seconded by Trustee Lane, a resolution to adopt the following Local Law #3 of 2004:
A Local Law of the Village of Menands amending Chapter 169 of the code of the Village of Menands relating to adult-oriented businesses by adding section 169.51 therefore in relation to the location of such businesses.
Section 169.51. Adult Oriented Businesses
A. Findings. The purpose of this section is to regulate without prohibiting, but also to prevent the proliferation of, adult,-oriented businesses for purposes of minimizing harmful secondary effects associated with such uses, as opposed to regulating the content or expression associated with such uses. The Village Board finds that potential secondary effects which may arise as a result of the proliferation of adult-oriented businesses include reduction in property values, increase in crime, and alteration of community character and quality of life. Accordingly, this section is enacted to protect and preserve the quality and character of the Village's neighborhoods, and its commercial districts by, among other things, discouraging crime and maintaining property values. In formulating this
regulation, the Village Board has reviewed, considered and found persuasive various secondary effect analyses prepared by similarly situated municipalities in this state, and the Village Board has considered the secondary effects on the Village of Menands itself and, the Village of Menands finds that:
(1) There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;
(2) Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, and adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passerby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community;
(3) These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of he community;
(4) The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon residents, businesses, economic viability, property values, and quality of life of the Village and would therefore be detrimental to the general health, safety and economic viability of the community;
(5) The United States Constitution, and the Constitution and laws of the State of New York grant to the Village of Menands the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
B. Statement of Intent.
(1) It is the express intent of the Village of Menands in adoption this section to :
(a) Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses economic viability, property values, quality of life and general health, safety and welfare of the community;
(b) Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses
(2) It is not the intent of the Village of Menands in adopting this section to:
(a) Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or
(b) Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United states Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Village under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or
(c) Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York state constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Village under the U. S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
(d) Estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
(3) Aware that, according to numerous decisions by both federal courts and courts of the state of New York, the regulation of the location of adult businesses upon the community and must be directly solely toward the mitigation of these impacts, not be directed toward any form of speech of expression, be no broader than
necessary and must provide alternative locations within the Village for adult use businesses, the Village of Menands hereby adopts this amendment to its Village Zoning Laws.
C. Definitions. As used in this section, the following terms shall have the meanings indicated: ADULT ENTERTAINMENT BUSINESSES —Includes adult book stores, adult video stores, adult motion picture theaters, adult mini-motion-picture theaters, adult cabarets, and adult drive-in theaters, which shall be defined as follows:
(1) ADULT BOOK STORE —An establishment having a substantial or significant portion of its stock-in-trade adult paraphernalia, adult toys, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(2) ADULT VIDEO STORE — An establishment having as a substantial or significant portion of its stock-in-trade adult paraphernalia, adult toys, video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relation to specific sexual activities or specific anatomical areas as defined below.
(3) ADULT MOTION PICTURE THEATER — A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(4) ADULT MIN-MOTION PICTURE THEATER — An enclosed building with a capacity of less than 50 used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(5) ADULT CABARET — An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
(6) ADULT DRIVE-IN THEATER — A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENT — Any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or other wise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
ADULT USE BUSINESS —Any business which:
(1) Is the use of land, structure or location for an adult entertainment business or as an adult physical contact establishment as herein defined; or
(2) Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; or
(3) Is an establishment, location building or structure which features topless dancers, nude dancers or strippers, male or female; or
(4) Is a location, building or structure used for presenting, lending or selling adult paraphernalia, adult toys, motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below;
SPECIFIED ANATOMICAL AREAS:
(1) Less than completely an opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernable turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
(1) Human genitals in a state of sexual stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
D. Location.
(1) Adult uses may not be located in any zone except the HI (Heavy Industrial) zoning districts as more fully detailed on the official Zoning Map of the Village of Menands.
(2) Adult uses are not Principal Uses Permitted by Right in the HI zoning districts but rather, are Uses Permitted by Special Permit subject to the Special Permit standards contained within Chapter 169 of the Code of the Village of Menands.
(3) Adult uses may not be located, when initially opened as, or converted to, an adult use:
(a) Within 1000 feet of the boundary of any residential zoning district or residence.
(b) Within 1000 feet of any property, including the exterior lot, used as a
licensed day-care facility.
(c) Within 1000 feet of any property, including the exterior lot, which has tax
exempt status as a religious or educational use.
(d) Within 1000 feet of any other Adult use.
E. Public viewing and lighting.
(1) Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.
(2) Any and all booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall:
(a) Be open to public view from the common area of the establishment;
(b) Not have any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment;
(c) Be well lighted and readily accessible at all times and shall continuously be open to view.
F. Sale of alcohol prohibited. The sale and/or consumption of alcohol is prohibited within the
designated adult use zone.
G. Site plan review/landscaping.
(1) All adult use establishments shall be subject to all provisions of the building and zoning code of the Village of Menands.
(2) All adult use establishments when initially opened as, or converted to, an adult use shall be subject to "Site Plan Review" process contained within Chapter 140 of the Code of the Village of Menands and shall be subject to appropriate landscaping as determined in the site plan review process.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The Clerk advised the Board that, on November 15th , 2004 at 11:00 a.m., he opened bids for the sale of the seized 1991 Acura. The results were:
William Hamel $ 425.00
Don Handerhan 1,500.00
After a discussion, Trustee Hagmann moved, seconded by Trustee Lane, to accept the highest bid of $1,500.00 for the sale of the vehicle.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The Mayor and Trustee Miller led a discussion concerning the resolution to adopt the Parks Master Plan. After the discussion, Trustee Miller moved, seconded by Trustee Lane, the following resolution:
WHEREAS, the Board of Trustees established a Village Parks Improvement Committee in August of 2003 to plan for the installation of a new playground at Ganser-Smith Park, and
WHEREAS, the Board of Trustees also authorized the retaining of a professional firm to plan for other improvements at Ganser-Smith Park and Kingston Street Park, and
WHEREAS, ELAN Planning and Design Inc., developed a Master Plan, dated October 31, 2004, for improvements to these two parks with the inputs from the public and the Village Board, and
WHEREAS, a Master Plan Report for Ganser-Smith and Kingston Street Parks has been finalized by ELAN and submitted to the Board of Trustees for adoption
NOW, THEREFORE, the Board of Trustees of the Village of Menands adopts the Master Plan to guide future improvements to Ganser —Smith and Kingston Street Parks.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the Parks Committee. Also, the Mayor led a discussion concerning the park fees, afterwhich the Clerk was asked to canvass other towns and villages for their policies on deposits for using the parks.
The Board gave their liaison reports:
Mayor Bishop Building Inspector, Exec. Asst. to Mayor and Administration
Trustee Hagmann Police
Trustee Lane DPW and Beautification
Trustee Miller Seniors
Mayor Bishop
(for Trustee Schanz) Fire Dept.
Trustee Lane advised everyone there would be a working meeting of the Beautification Committee on November 26th at 3:30 p.m. to begin Christmas decorating.
Trustee Miller stated he attended the Local Government Planning and Zoning Workshop on November 5th which was very informative and he has the information available for anyone to use.
The Clerk advised the Board that the Employee Christmas Party will be Thursday, December 16th from 3 p.m. to 6 p.m. at the Firehouse
At 8:45 p.m., Trustee Miller made a motion, seconded by Trustee Hagmann to enter into Executive Session to discuss personnel issues.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The regular meeting reconvened at 9:50 p.m.
A motion was made by Trustee Miller, seconded by Trustee Hagmann, to adjourn.
Adopted: Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The meeting was duly adjourned at 9:51 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer
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